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| OUR MISSION STATEMENT |
| MEET THE STAFF |
| OUR SPECIALIST SECTOR |
| WHAT MAKES US THE BEST? |
| SOME ODD PSR STATISTICS |
| EQUAL OPPORTUNITIES |
| INVESTORS IN PEOPLE |
| PRINT A TIMESHEET |
| Our Equal Opportunities Policy |
| .....if you'd rather download a text file of our
policy, just click here. |
|
PSR AGENCY LIMITED 4th REVISION - 6th NOVEMBER 1997 |
(Based upon the Federation of Recruitment and Employment Services' Regulations, Guidelines and Best Practice Code - updated and issued June 1996) |
| DISABILITY DISCRIMINATION |
| Definition: PSR believes in the principle of equal opportunity in employment and that in accordance with REC's Best Practice Code, the only criteria for determining a successful applicant should be the qualifications and experience they offer. Our policy is to promote compliance with the law as required by the Disability Discrimination Act 1995 and in accordance with any Code of Practice, Guidelines or Regulations relating to the Disability Discrimination Act. The main aim of the Disability Discrimination Act is to outlaw discrimination against disabled people in employment and in the provision of goods and services, and applies to all employers with twenty or more employees. The Disability Discrimination Act consists of three parts. The first part deals with the definition of disability. The second part relates to discrimination within an employment context. The third part deals with the provision of goods and services to disabled people. The Meaning of Disability 'Disability' is defined as a physical or mental impairment which has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities. 'Physical impairment' can include severe disfigurement (such as a skin disease), although this may depend on where the feature in question is, e.g. on the back as opposed to on the face. 'Mental impairment' will only constitute disability if it is a clinically well-recognised illness. Examples of what will constitute mental impairment are learning difficulties, manic depression and severe and extended depressive psychoses. It may be necessary to take medical opinion to determine whether a condition constitutes a mental impairment under the Disability Discrimination Act. The time taken by a person with an impairment to carry out a normal day- today activity and the way that person carries it out - compared with what might be expected if that person did not have the impairment, will also be considered when assessing whether the effect of that impairment is substantial. The effect of an impairment is 'long-term' if it lasts, or is likely to last, for at least 12 months. An impairment will also be considered 'long-term' if it is likely to last for the rest of a person's life. Consequently, someone who is terminally ill, and is not expected to live for 12 months would be considered to have a long-term 'impairment'. In deciding whether a past condition was a disability, its effects count as long-term if they lasted 12 months or more after the first occurrence, or if a recurrence happened, or continued more than 12 months after the first occurrence. Certain factors will be taken into account in determining whether an impairment has an 'adverse' effect on a person's ability to carry out normal day-to-day activities. These factors include whether a person has been medically advised to change, limit or refrain from a normal day-to-day activity on account of an impairment, and, whether an impairment causes pain or fatigue in performing normal day-to-day activities. Another factor in determining whether an impairment has an adverse effect, will be whether or not a person is able to sustain an activity over a reasonable period. An impairment will be taken to affect the ability of a person to carry out normal day-to-day activities, only if it affects one, or more of the following categories:- · Mobility - this covers moving or changing position, i.e. to what extent a person can get around unaided, walk a short distance, climb stairs, travel in a car or on public transport, sit, stand, bend or reach. · Manual dexterity - this covers the ability to use hands and fingers with precision i.e. pick up or manipulate small objects, communicate through writing or typing or operate a range of equipment manually. · Physical co-ordination - this covers balanced and effective interaction of body movement, including hand and eye co-ordination. This would mean taking into account the ability to carry out “composite” activities such as walking and using hands at the same time. · Continence - this covers the ability to control urination and/or defecation. Account should be taken of the frequency and extent of the loss of control, and the age of the individual. · Ability to lift, carry or otherwise move everyday objects - account should be taken of a person's ability to repeat these functions or, for example, to bear weights over a reasonable period of time. Everyday objects might include items such as a chair or other piece of light furniture, a briefcase or a kettle. · Speech, hearing or eyesight - this covers normal day-to-day activities involving the ability to speak, hear or see and includes face-to-face, telephone and. written communication. Account should be taken of how far a persons ability to speak clearly at a normal pace and rhythm, and to understand a person speaking in their native language. If a person uses a hearing aid or similar device, what needs to be considered is the effect experienced if the person is not using the hearing aid or device. The level of background noise should be of such a type that most people would be able to hear adequately. If a person wears spectacles or contact lenses, or whose sight could be corrected by them, what should be considered is the effect remaining while they are wearing such spectacles or lenses, in light of a level and type normally acceptable to most people for normal day-to-day activities: · Memory or ability to concentrate, learn or understand - account should be taken of the person's ability to remember, organise thoughts, take in new knowledge and plan a course of action and execute it. This includes considering whether the person learns to do things more slowly than normal. · Perception of the risk of physical danger - this includes both an underestimation and over-estimation of physical danger, including danger to their well-being. Account should be taken of whether a person is inclined to neglect basic functions such as eating, drinking, sleeping, keeping warm and personal hygiene. This is an exhaustive list. An impairment which is likely to have a substantial adverse effect on the ability of a person to carry out normal day-to-day activities, but which is controlled, say by medication will still be covered by the Disability Discrimination Act. Consequently an epileptic or diabetic whose condition is controlled by drugs, or a person with an artificial limb will still be protected. A person with a progressive condition such as cancer, multiple sclerosis, muscular dystrophy, or HIV infection will be protected by the Disability Discrimination Act, only when the condition begins to have a substantial adverse effect on his or her normal day-to-day activities. The Disability Discrimination Act empowers the Government to make regulations which operate in conjunction with the Disability Discrimination Act and enable the enforcement procedures to operate effectively. The following regulations are currently being proposed and will not amount to an impairment for the purposes of the Disability Discrimination Act:- · dependency on alcohol, tobacco, any drug or any other substance (other than a dependency acquired in consequence of the substance being medically prescribed) · disorders of child or adult personality, sexuality or behaviour (such as kleptomania, pyromania, pædophilia and psychopathic disorders) hayfever and other similar conditions which occur for a brief period any disfigurement which was acquired or caused deliberately, and which consists of either a tattoo or body piercing (including any rings, fittings or jewellery attached to the pierced skin). Discrimination in an employment context |
| It
is unlawful to discriminate against a disabled job applicant: -
· in the arrangements i.e. application form, interview and arrangements for selection for determining to whom a job should be offered, or, · in the terms on which employment is offered or, · by refusing to offer, or deliberately not offering the disabled person a job. It is also unlawful to discriminate against a current employee who is disabled:- · in the terms of employment afforded to the person · in the opportunities afforded to the person for promotion, a transfer, training, or receiving any other benefit, or by refusing to afford, or deliberately not affording him or her any such opportunity · by dismissing the person or subjecting him or her to any other detriment (detriment will include demotion, reduction of wages or harassment). An employer will be guilty of discrimination in this context if.- · for a reason which relates to the disabled person's disability he treats him less favourably than he treats, or would treat others to whom that reason does not or would not apply, and, · the employer cannot show that the treatment in question is justified. Consequently, the complainant will have to show less favourable treatment, which will require comparison to be made either with an actual, or a hypothetical person, to whom the reason for the less favourable treatment does not apply. An employer will also be guilty of discrimination if he or she penalises someone (whether or not the person is disabled) for · making a complaint under the Disability Discrimination Act · giving information about, or evidence in proceedings under the Disability Discrimination Act · alleging that a person is in contravention of the Disability Discrimination Act. The Disability Discrimination Act also provides that where any arrangements made by or on behalf of the employer or any physical feature of the premises occupied by the employer, place a disabled person at a substantial disadvantage (as compared with someone who is not disabled), then the employer has a duty to take reasonable steps to prevent those arrangements or features having that effect. ‘Arrangements’ in this context mean arrangements for determining to whom employment should be offered, and the terms on which employment, promotion, a transfer, training or any other benefit are offered. Physical feature of the premises’ in this context, any of the following whether temporary or permanent: · feature arising from the design or construction of a building on the premises · anything affecting the approach to or access to a building · any fixtures, fittings, furnishings, furniture, equipment or materials, in or on the premises · other physical element or quality of any land comprised in the premises. Under this part of the Disability Discrimination Act, an employer's duty to take reasonable steps to ensure that a disabled person is not placed at a substantial disadvantage will extend not only to interview procedures, but also to where the interviews are held. The duty to make reasonable adjustments will only arise on a case-by-case basis, in relation to particular job applicants or employees who are disabled. If the employer does not know, and could not reasonably be expected to know, that a disabled person will apply for a job, or that a person has a disability and is likely to be placed at a substantial disadvantage, then the duty is not imposed. The type of steps an employer may have to take are as follows, and in some cases a combination of steps will be necessary:- · making adjustments to premises · allocating some of the disabled person's duties to another person · transferring a disabled person to fill an existing vacancy · altering working hours · assigning a disabled person to a different place of work · providing appropriate training · acquiring or modifying equipment · providing a reader, or interpreter · providing supervision In determining whether it is reasonable for an employer to make such adjustments, the following factors will be taken into account:- · the extent to which taking the step would prevent the effect in question · the extent to which it is practicable for the employer to take the step · the financial and other costs which would be incurred by the employer in taking the step, and the extent to which taking it would disrupt any of his activities · the extent of the employer's financial and other resources · the availability to the employer of financial or other assistance with respect to that step. The factors listed above are not exhaustive and the Government have estimated that the cost for an employer to make a reasonable adjustment is £200 per disabled employee. In certain circumstances an employer will be able to rely on a defence when discriminating against a disabled person. The employer will be able to treat a disabled person less favourably, or fail to make a reasonable adjustment if the employer can prove that the reason for such behaviour was both material to the circumstances of the particular case and, substantial. The burden of proving justification is on the employer. What amounts to being 'material' and 'substantial' will have to be assessed on a case-by-case basis and is likely to result in an examination of the real requirement of the job, and the job description itself. It will be important to check job descriptions and person specifications to ensure that unnecessary requirements are not included which may exclude a disabled person who could do the job. An example of an unnecessary requirement which would exclude someone with a sight impairment would be to include ability to drive on the list of requirements, when the job involves only very occasional driving. Provisions of goods, facilities or services: This part of the Disability Discrimination Act applies to all employers, regardless of the number of employees they have. With regard to the provision of goods, facilities or services, it is unlawful for an organisation to discriminate i.e. treat someone less favourably for a reason relating to their disability without justification by:- · refusing to serve a disabled person because of their disability · providing a lower standard of service, or providing service on worse terms, The standard of services offered to disabled people must be the same as that offered to other non-disabled people. An organisation can, in limited circumstances, treat a disabled person less favourably if one of the conditions below applies, and it is reasonable for the organisation to hold that opinion. The conditions listed below are those that may be particularly relevant for a recruitment consultancy: - a) An organisation is exempted from the Disability Discrimination Act if any action the organisation would normally be read to undertake would end and employer does not have to act in a certain way if those actions would endanger the health and safety of any person, including the disabled person. Spurious health and safety reasons will provide no defence, i.e. fire regulations should not be used as an excuse to place unnecessary restrictions on disabled people. b) The Disability Discrimination Act does not make unlawful anything done to comply with other legislation. The duty to make reasonable adjustments applies to this part of the Disability Discrimination Act as well. Consequences of discrimination If an Industrial Tribunal finds that an employer is guilty of unlawful discrimination under the Disability Discrimination Act, the Tribunal can make a number of orders. It can make a declaration setting out the innocent party's rights, and make recommendations to the employer to rectify the unlawful act/s. An Industrial Tribunal can also order the employer to pay compensation to the innocent party. The amount payable will reflect the innocent party's loss resulting from the discrimination, and there is no limit on the amount of compensation payable. Interest will be added to the amount payable, and compensation may be awarded separately for injury to feelings. Contract Workers The Disability Discrimination Act makes it unlawful for a principal, in relation to contract work, to discriminate against a disabled person:- a) in the terms on which he allows him to do that work b) by not allowing him to do it, or to continue to do it c) in the way he affords him access to any benefits or by refusing or deliberately omitting to afford him access to them d) or by subjecting him to any other detriment. A principal is someone who hires. another employer's employee to do work for him under a contract with that other employer. Within the context of the recruitment industry, the principal is likely to be the client, and the employer is likely to be a recruitment consultancy. The Government is proposing to introduce the following regulations to clarify the extent of the duty of reasonable adjustment on each party; · if an adjustment is necessary to enable the worker to carry out the work for which she/he is being offered by the employer, without regard to the particular circumstances of the principal's premises or business, then the duty to make that adjustment will fall on the employer · the duty on the principal will include a duty to co-operate in the use of any equipment etc. provided as an adjustment by the employer (e.g. the disabled person may have been provided with a special portable computer) · where an adjustment is necessary to compensate for an effect of the principal's arrangements or premises, the duty will fall on the principal. Registered Disabled People who are already registered as disabled will automatically be covered by the definition of disability in the Disability Discrimination Act for "an initial period", if they are registered both on 12th January 1995 and on the date when the Act comes into force, which is likely to be at the end of 1996. The "initial period" will be three years from the date the Disability Discrimination Act comes into force. People whose disabilities are recognised in other pieces of legislation such as the Mental Health Act, will not be automatically covered by the Disability Discrimination Act. To claim discrimination under the Disability Discrimination Act, such people will have to demonstrate that the relevant provisions of the Disability Discrimination Act apply. Advertising An advertisement which indicates that an application for a job would be determined by reference to either the applicant not having a disability, or the employer's reluctance to comply with the duty to make reasonable adjustments, raises a presumption of discrimination. The burden of proving that the reason the applicant was not offered the job did not relate to his or her disability, is on the employer. If the employer fails to do this, it will be assumed that the reason related to discrimination. A disabled person is likely to rely on this provision where she/he has applied for and, been rejected and subsequently raised a presumption of discrimination. REC recommends that advertisements should contain a short statement that applications from people with disabilities are welcome. Personal Liability Of Recruitment Consultancy Staff Who Discriminate Under the Disability Discrimination Act not only is an employment agency itself acting unlawfully if a member of staff accepts and acts upon a discriminatory job description - but the individual who accepts and acts upon such a vacancy is personally considered to have acted unlawfully and may have to appear before an Industrial Tribunal should he/she be the subject of a complaint. Although it is a defence for an employer to prove that he took such steps as were reasonably practicable to prevent his employees committing discriminatory acts, it is important that all staff are conversant with the REC’s Best Practice Code, the law, and the consequences of unlawful discrimination to a recruitment consultancy and the individual. |
| .....Instructions To Staff |
| PSR has evolved a
procedure whereby our staff are fully aware of the requirements laid down by
the Best Practice Code, and their responsibilities under appropriate
legislation. To ensure compliance with our Equal Opportunities Policy, REC Best Practice Code and the appropriate legislation, the following instructions are laid down:- · do not treat a job applicant or employee less favourably than another person for a reason relating to their disability, unless there is a material and substantial reason for doing so · if the duty of reasonable adjustment requires a long-term step to be taken, consider taking reasonable short-term practical steps to reduce any disadvantage to a disabled person · where appropriate, talk to the disabled person about what may help or what the effects of his/her disability are · take expert help or advice when considering how to deal with a person's disability, or making a reasonable adjustment to premises or policy · consult other employees when making reasonable adjustments, since what you are doing and why, may not be effective unless other employees co-operate · specify and describe jobs carefully, since the inclusion of unnecessary or marginal requirements in a job specification can lead to discrimination. · be able to justify health requirements wherever they are imposed · when describing jobs in advertisements, avoid any direct or subtle inferences that people who are not disabled would be preferred · if someone informs you that they are disabled, ask in advance if she/he has any special requirements e.g. for an interview so that adequate preparations can be made (e.g. inviting deaf or speech-impaired people to bring an interpreter, or alerting staff to be prepared to show visually impaired people to the place of interview) · only ask about a disability if it is relevant to the job and if a medical check is necessary it must be justifiable in the circumstances · questions on application forms about a person's health or disability should be appropriately worded (i.e. "do you have a health problem, or disability which is relevant to your job application/any particular job offered to you?") and such information on it must be treated in confidence. · any disability an applicant has should only be disclosed to a client where it is material to the work undertaken by the applicant. |
| AGE DISCRIMINATION |
| PSR believes that candidates should be selected and put forward on the basis of their skills, qualifications and competence and that upper age limits should not be a relevant issue in recruiting staff. These guidelines and instructions on combating age discrimination help us to make sure that we treat people equally and fairly, regardless of age. Legislative Position There is currently no legislation specifically prohibiting age discrimination in the UK. The Conservative Party policy is to encourage employers not to discriminate on grounds of age by pointing out the benefits of employing older workers. The Labour Party is committed to introducing age discrimination legislation. Tribunals have ruled that certain age, or years of experience limits in recruitment or selection may amount to indirect sex discrimination because, in some cases, the limit is likely to mean that fewer women than men are likely to be able to apply for the job because they are not likely to have been able to achieve the same level of experience as men because of child-rearing breaks. The view of PSR and of REC is that increasing awareness by employers of the good commercial and social reasons for avoiding age criteria in recruitment decisions is a better approach than age discrimination legislation. There is some evidence from other countries which have introduced such legislation that this can actually make older workers less attractive to employers. The Role Of The Recruitment Industry Our industry is in constant touch with employers in all sectors, and of all sizes throughout the UK. It has unique influence on recruitment decisions and in helping the country to make the best possible use of human resources. Helping To Eliminate Age Discrimination Eliminating age discrimination is not a simple task. Many employers have misconceptions about training, productivity and sickness. However, research indicates that: · age is a poor indicator of work performance · older workers are as adaptable as younger ones and tend to respond as well to training · older and younger workers are equally effective in their work activities · there is little difference in absenteeism rate between older and younger workers · older workers stay in their jobs longer. PSR wholeheartedly complies with the voluntary instructions given by REC in helping to eradicate age discrimination. They read as follows: “Although discrimination on grounds of age is not unlawful, members should not: · ask clients to indicate preferred age of candidates for a vacancy, or include age limits in records prepared for clients · members should question requests by clients to include age limits when registering vacancies · if a client insists on using such limits, the reasons for doing so should be included in the vacancy records, and applicants outside the limits should be given due consideration” |
| .....Instructions To Staff |
Although age discrimination is not unlawful, it does not reflect good recruitment practice, and the importance of influencing clients to recruit on the basis of objective job criteria. These are the in-house rules which form instructions which will help to avoid age discrimination problems: · educate and train staff about the commercial and social benefits of avoiding age discrimination · challenge clients who use age criteria in recruitment; ask them why they are imposing age limits. Use the points set out above to dissuade them from setting age criteria and try to dissuade clients. You may want to tell them that as an equal opportunities organisation you put candidates forward solely on the basis of their skills and competence, not their age. If a client insists on including limits, it may be worth noting the reasons on vacancy records but we would suggest that candidates outside these limits should not be excluded. · consider eliminating use of age and date of birth in your applicant records. · do not use age ranges in advertising. The purpose of recruitment advertising is to recruit the best-qualified candidate, not to exclude them deliberately. Positive Commercial Reasons To Recruit Older Workers There are many positive reasons to recruit older workers - · older workers often have a wealth of accumulated knowledge and experience which is valuable to potential employers. · By the year 2000, one person in three in the labour force will be aged over 40. Unless organisations review their recruitment practice, they will be severely disadvantaged in filling vacancies in their organisations. · By recruiting older workers, companies are able to recruit from a wider pool of talent and improve opportunities for hiring the best people. · As the population ages, employers need to reflect the age profile of customers in their own workforce. · It is an important part of today's business ethics to be viewed as good employers with a reputation for caring for workers at all stages of their careers. · Older workers provide stability, experience and steadying influence in an organisation · If a business is opposed to age discrimination legislation, they should be prepared to show, by their actions in employing older workers that this legislation is not necessary. Responsibility for the Policy It is every employee’s responsibility to ensure that our policy is not only understood by everybody who works with us (and/or applies to work with or or uses our services) but it is also everybody’s responsibility to make sure that the policy is adhered to, monitored, improved and invoked. General day to day questions and enquiries can usually be dealt with by Nikki Deegan, PSR’s Office Manager; howerver, ultimate responsibility for our policy rests with Chris Gibson, PSR’s Director. Complaints Procedure Complaints alleging a breach of our policy by one of our employees should be made in writing to Chris Gibson, PSR’s Director. However, should a person for some reason (i.e. learning difficulties etc.) not be able to put his or her complaint in writing, then they may telephone or visit the office (it would help if an appointment could be made so that time can be set aside in advance). The alleged breach will be considered by the staff and Director in one of the company’s regular staff meetings and a view will be taken. The complainant will then be advised of the following (in writing and/or verbally if they choose): · Whether or not the complaint is upheld · If the complaint is upheld, a full description of any remedial action to be taken by the company · Whether or not the complaint is upheld, the address and contact details of at least one appropriate organisation who can help the complainant take the matter further if they wish to. (i.e. The Commission for Racial Equality, the Equal Opportunities Commission, The Office of Industrial Tribunals etc.) · If the complaint is about the Company’s Director, then, as he has a major influence over any decisions, an approach should be made directly to the appropriate organisation (they are listed in the REC Manual, freely available in our main office). Monitoring, Reviewing and Training Details of our monitoring procedures and explained throughout our policy. It is the results of our monitoring process that encourage and inspire us to review our entire policy. The policy is reviewed either annually, to reflect changes in legislation, or when a complaint, incident or monitoring result highlights a particular area for improvement. This current version (Version 4) of our policy was reviewed and finalised on August 28th, 2001; mainly to reflect new guidelines issued by REC in June 2001. Training is provided to us by SMT, our trainers and every permanent employee of PSR is required to attend a course within six months of commencing employment with us and then bi-annually (for a course update) thereafter, or sooner if the course syllabus changes to reflect new information, legislation, or creative thinking. Written Records and Accountability Our monitoring reports are filed in our office and are kept for a period of five years, along with any observations highlighting a problem or potential problem. Complaints, whatever their outcome (even if they are withdrawn prior to investigation) are kept on file indefinitely, and are referred to the company’s Shareholders for their consideration. To date, PSR has never received a complaint relating to an alleged breach of our Equal Opportunities Policy. However, this must not make us complacent; we have to continue to work proactively to improve and enhance our policy by expanding it, enforcing it and educating our workforce and staff. Every member of staff, whether temporary or permanent is accountable. Our temporary staff are accountable directly to our Office Manager, Nikki Deegan, and she is in turn accountable to Chris Gibson, our Director; he, in turn, is accountable to the Shareholders of PSR Agency Limited. Any proven breach of our equal opportunities policy will result in disciplinary action and even dismissal. This is clearly stated in our staff terms and conditions of employment. |